Los Angeles daily herald., 1887-05-29
THE LIBEL SUITS.
No Conclusion Reached by thc
Court Yesterday.

No Conclusion teacneu W "a
Court YESTERDAY.
: When the cases of Col. II. IL. Boyc
against the Times-Mirror Company wer
called in Judge O'Melveny's court yes
terday morning, the counsel for defend
ant filed the following affidavit;
Albert Mcfarland. being first dull
sworn, deposes and says that he is tn
vice. president of the corporation defend
ant, and makes this affidavit on behalf o
said corporation.
The only agreement ever entered int
| by the defendant or with its authority
was in the words and figures following
to.wit:
It is hereby stipulated and agreed by
and between the undersigned that III. ID
Boyce shall cause discontinuance OF al
suits pending aud brought by hin
against the Times. Mirror Company, te
be signed by his attorney. and shall also
cause and procure a discontinuance oil
the suit brought by him and Others
against said company, to be executed by
the attorneys for the plaintiffs herein,
and deposited with Messrs. Houghtop,
Silent IL Campbell, attorneys, together
with release Of all causes of action by
said Boyce and by said plaintiffs in the
other suit against the Times Mirror
Company and its proprietors. Said
Houghiop. Silent & Campbell are to
hold said releases and not to release
them until
First-The editorial management Of
the Los Angeles Times shall be changed
by the retirement of the present manag-
ing editor. :,
Second-Until the sum of $1,000 shall
be paid by said Times Mirror Company
in cash, and satisfactory note OF $1,000
more given, payable six months after
date to -, this being in satisfaction OF
the Gladstone tract articles, aud having
no reference to Colonel Boyce person.
ally, in satisfaction of all claims and
demands.
Third-Until an article this day agreed
upon shall be published in the Los An
geles Times, within - days from this
date.
Until the expira ton of said - days
all proceedings in such cases shall be
stayed.
In the event of the Times Mirror
Company failing to comply with either
of the above conditions, said releases
and continuances shall be void, and
shall be cancelled.
WILLIAMS & Mckinney,
HoUGHToN, SILENT & CAMPBELL.
The editorial management OF the Los
Angeles Times was changed upon the
execution of said contract, the then
managing editor, H. G. Otis. having
prior to said agreement and in order to
relieve his associates and fellow stock
holders OF said corporal ion from embar.
rassment, voluntarily rendered his
resignation as such managing editor,
which resignation was duly accepted.
The article mentioned in paragraph 3
of said agreement was in good faith pub
lished in the Los Angeles Times by de.
fendant, and on the Goth day of May,
1887, in the "whole" issue of said paper
of that date, and in accordance with
said agreement.
Affiant AYERS that the defendant has
fully complied with said agreement, and
affiant denies that a copy of the paper
referred to in the affidavit of ID. Ii.
Boyce. was the only one of that issue
containing the article agreed to be pub.
lished; but afiiant says that not only
was said article published in the whole
edition of said Times of the Goth of
May, 1887, but was also published in the
whole of the second edition of the said
Times. published May l6, 1887, which
second edition comprised many copies.
Affiant denies that defendant ever
committed or attempted any fraud upon
the plaintif, or that it ever did any
thing, herein, or ever, in bad faith; but
alleges that its acts have been done
honestly and ia good faith.
ALBERT MCFARLAND,
President Times. Mirror Co.
Subscribed and sworn to before me
this 2Sth day of May, 1887.
CHAs H. DUNsMooR, Clerk.
By f. p. KELLEY, Deputy.
Messrs. Williams Il Mckinley for the
plaintiff then asked leave to file letter
from Col H. FL. Boyce asking them to
withdraw the motion fof the reinstate-
ment of the cases upon certain grounds.
This letter was handed to Judge OMei-
veny and the attorney for the defendant
objected to its being filed, and Judge
O'Melveny took the matter under con.
sderation and continued the case until
he has looked up the law.
For some reason or other the Times
objected strenuously to the introduction
of Col. Boyce's letter. and in fact OBJ.
iected to the cases being dismissed Mt all
unless done so by the Times-Mirror
Company. As Boyce brought the
suits he naturally wanted the
privilege of dismissing them, and
he wanted his letter of dis.
missal made part of the record. Fitz-
gerald, attorney for the Times, said he
would not agree to the case being dis
missed on any such grounds, and if the
Times proprietors agreed to it. he would
withdraw from their case. This bold
statament of the attorney made
the publishers more steadfast, and they
insisted on the cases being reopened,
and that the Court proceed to try them
then and there. This the Court refused
to do, but as stated above, he took the
matter under advisement.
This fearful and wonderful letter of
Boyce's is locked up in Judge O'Mel.
veny's safe, and its contents are only
known to the lawyers and parties to
the suit. The Times, of course, knows
the contents, and its intense desire for a
SCOOP" may induce it to publish the
letter in full, but this is not probable.